Enforcing an Out-of-State Family Law Order in California: A Step-by-Step Guide

Are you living in California but your family law support order was issued in another state? You might be wondering how to enforce that order in your current location. Many people don't know that the process for registering a family law order is different from the process for getting a civil judgment registered in California.  You can find our guide to register an out of state civil order  HERE .  Most of the time clients approach me for help registering their family law judgment after unsuccessfully attempting to get their family law judgment registered using civil forms.  Here's a step-by-step guide to registering an out-of-state family law support order in California:

What needs to be filed with the court:

You need to obtain a Certified copy of the out-of-state order from the issuing court in the other state.  You will need to make a written request for registration to the court.  Typically, the registering party files a declaration on pleading paper with the certified copy of the order as an exhibit.   You will need to include the judicial council form: Registration of Out-of-State Custody Order (Form FL-580):    You can find this form HERE .  You will need to identify any arrears that are due on this form.  Once you have there you submit them to the court for filing.  

What happens after you have submitted the order:

These out of state support orders are not particularly common.  I have found that court clerks sometimes struggle to get these issued in a timely manner because they are unfamiliar with them and the process to register them.  You might need to follow up with the clerk’s office until the court registers your order.  Once the court has registered your order it must be served on the other party in the same manner as you would serve a summons.  The other parent has 20 days to object to the registration of the order. If they do not object in that time frame the order becomes enforceable.  


Updates to Collection Law in California 2024

The California Legislature has made some significant changes to the rules on collecting judgments effective January 2024.   Here’s some of what you need to know about those changes.

Change in Service Requirement FOR DEBTORS EXAMS

In a previous post we went through the process of conducting a judgment debtor exam.  If you want full understanding of how to conduct an exam you can check that out here. Previously, creditors only had to serve the JDE order on the debtor 10 days before the exam. Now, the service period has been extended to 30 days. This provides the debtor with more time to prepare and seek legal counsel if needed.   It also works with the new procedure debtors can utilize to try to avoid the examination.

This new notice requirement will work with new procedures set to be introduced on consumer debt after 2025 in code of civil procedure 708.111, which will provide consumer judgment debtors the option to file a Declaration in Opposition to Examination (Form JDB-110) within 15 days of service. This form allows them to challenge the JDE on various grounds, including Lack of good cause for the exam; Already provided complete financial information, and Undue hardship or medical issues.

If the debtor files the affidavit, the burden shifts to the creditor to prove good cause for the JDE. The creditor must submit their own evidence and may have to appear in court for a hearing.

Changes in forms used for levies

A big change that is applicable to collection law is the new statewide mandatory forms to use when submitting levies.  This really effects anything you would use a writ to levy except for a wage garnishment They are SER-100 and SER-100a

Make sure you are up on the latest collection laws within the state.  Failing to understand these changes can slow down progress on collecting your judgments.   If you need an experienced attorney experienced in navigating post judgment collection contact us HERE